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Virginia Elder Law Attorney | Virginia Area Guardianship Cases

Virginia Elder Law Attorney

In the event that you become incapacitated, a court may appoint a guardian to oversee your affairs. A Virginia elder law attorney can help. Typically, the duties of a guardian are to ensure your welfare and safety during the time of incapacitation and to see to your financial affairs. A judge may limit a guardian's authority to make decisions in accordance with your physical and mental capacity to manage your own affairs. For instance, a guardian may not only be charged with making personal and health care decisions, but may also be responsible for a variety of other decisions including whether or not you may have visitors. The following are the different types of guardianships that may be ordered in Virginia:

  • Full Guardianship:  The guardian is responsible for making all personal and personal care decisions for the incapacitated person.
  • Limited Guardianship:  The guardian is responsible for making some personal and personal care decisions, but not all. This form of guardianship is typically ordered when an incapacitated person needs help making decisions for specific tasks, but not all of them.
  • Emergency Order for Adult Protective Services:  Temporary guardian appointed in cases where the person in need of protective services is incapacitated and lacks the ability to consent to protective services needed to address an emergency. The temporary guardian may be appointed for fifteen days.
  • Standby Guardian:  A person who will become the guardian of an incapacitated person when the individual who is currently responsible for providing care dies. This type of guardianship is typically appointed in a will by parents of mentally impaired children to provide for their care after the parents are gone.

Regardless of the type of guardianship, your appointed guardian will be required to submit annual reports to the local department of social services. The appointment of a guardian by the court will greatly reduce your right to make even the smallest decisions for yourself. That is why this option should only be considered as a last resort. A guardianship should be used only when there are no less restrictive alternatives that will protect the incapacitated person's interests. A durable power of attorney may be a better and less restrictive option. A knowledgeable Virginia elder law attorney can help you plan for incapacity to ensure that your rights are protected when you are incapable of caring for yourself.

Protecting the rights of seniors and individuals with disabilities is vital as we live longer and children with disabilities become adults. An experienced elder law attorney at Charles B. Roberts & Associates, P.C. can assist you with the preparation of wills, trusts, powers of attorney, medical directives, estate administration, guardianships and conservatorships, long-term care planning and other elder law issues. Our firm has the resources and experience to help you formulate an estate plan that best meets your needs.  Call 1-888-407-4529 today to discuss your case with an experienced
Virginia elder law attorney. We handle cases in Arlington, Fredericksburg, Woodbridge, and throughout Northern Virginia.